WatchDoIt, Inc.
Web Site Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
1. USE OF WEB SITE
Your access to and use of this Web site is subject to the following terms and conditions of use ("Terms of Use") and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with WatchDoIt, Inc. ("WatchDoIt.com") for products, services or otherwise. These Terms of Use may be changed by WatchDoIt.com at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this Web site. Your use of this Web site following the posting of such changes or revised Terms of Use shall constitute your acceptance of any such changes. If you do not agree to these Terms of Use, our Privacy Statement or any other policy governing your access to or use of our Web site you should immediately terminate your access to and use of the Web site. If you have any question regarding these terms or your access to or use of this Web site, please contact Customer Service at support@watchdoit.com.
2. PRIVACY
We respect the privacy of our customers and encourage you to read our Privacy Statement so that you may make an informed decision about using our Web site. Your use of this Web site shall constitute your agreement to the use of your data in accordance with WatchDoIt.com’s Privacy Statement.
3. COPYRIGHT
Unless otherwise indicated, all Web site materials, including, without limitation, the WatchDoIt.com logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of WatchDoIt.com or its licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web site—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of WatchDoIt.com is strictly prohibited.
4. TRADEMARKS
WatchDoItTM, WatchDoIt.com TM, the WatchDoIt logo, and any proprietary product or service names contained in this Web site are either trademarks or registered trademarks of WatchDoIt.com or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WatchDoIt.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WatchDoIt.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WatchDoIt.com. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
5. SECURITY OF PASSWORDS AND ACCOUNT INFORMATION
You acknowledge and agree you are responsible for maintaining the confidentiality of passwords associated with any account assigned to you or used by you to access WatchDoIt.com. You agree you will be solely responsible to WatchDoIt.com for all activities that occur in relation to your account. You agree to notify WatchDoIt.com immediately at support@watchdoit.com if you are aware of any unauthorized use of your password or your account.
6. UPLOADED CONTENT
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.
7. SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to WatchDoIt.com, or postings on this Web site, are non-confidential and that WatchDoIt.com shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the
maintenance of its Web Site. The submission of any materials to WatchDoIt.com irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8. INAPPROPRIATE IMAGES OR WORDS
WatchDoIt.com reserves the right to remove any videos and other materials, including text and images, uploaded by you that it deems in its sole judgment to be inappropriate, non-instructional or which it believes may subject it to any liability, including without limitation the following:
• Videos, photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
• Partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
• Profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
• Any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
9. CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this Web site infringes upon any copyright that you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
10. ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use WatchDoIt.com only for lawful purposes. You are prohibited from posting on or transmitting through WatchDoIt.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
WatchDoIt.com respects the intellectual property of others, and we ask our registered members to do the same. WatchDoIt.com may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.
11. CONTENT REVIEW
WatchDoIt.com may elect to electronically monitor areas of this Web site and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this Web site, or to protect the rights or property of WatchDoIt.com, its independent contractors, service providers, consultants, sponsors, licensors or the public. WatchDoIt.com retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, WatchDoIt.com or the rights of any third party, or to violate any applicable law.
12. USE BY CHILDREN
WatchDoIt.com does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this Web site, you are representing to us that you are 18 years old or older. WatchDoIt.com will not be liable for any damages that may result from misrepresentation of age by a user of our Web site.
13. INDEMNITY
You agree to defend, indemnify and hold harmless WatchDoIt.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of your use of the WatchDoIt.com Web site or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against WatchDoIt.com and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
14. DISCLAIMER
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WATCHDOIT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WATCHDOIT.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT WATCHDOIT.COM PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WATCHDOIT.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK FOR WHICH YOU WILL BE SOLELY REPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.
WatchDoIt.com reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WatchDoIt.com
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL WATCHDOIT.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WATCHDOIT.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WATCHDOIT.COM'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WATCHDOIT.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF WATCHDOIT.COM'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WATCHDOIT.COM FOR ACCESS TO OR USE OF THIS WEB SITE.
16. LINKING TO OUR WEB SITE
You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray WatchDoIt.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any WatchDoIt.com trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without WatchDoIt.com 's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a WatchDoIt.com name, trademark or product name without WatchDoIt.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WatchDoIt.com or any third party. WatchDoIt.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites linking to this Web site.
17. THIRD PARTY LINKS
WatchDoIt.com may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. WatchDoIt.com does not monitor, nor does it have any control over, any Third Party Content. WatchDoIt.com does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. WatchDoIt.com makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the WatchDoIt.com site, you should be aware that WatchDoIt.com 's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
18. SEVERABILITY AND NONWAIVER
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of WatchDoIt.com to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of WatchDoIt.com's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
19. APPLICABLE LAW
The laws of the State of California will govern and construe these Terms of Use without giving effect to any conflict of laws provisions to the contrary. By use of this Web site, you irrevocably consent for any and all disputes with WatchDoIt.com to the jurisdiction of state or federal courts located in the State of California, with venue in the county of Fresno. If you access the Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
20. TERMINATION
Notwithstanding any of these Terms of Use, WatchDoIt.com reserves the right, without notice and in its sole discretion, to terminate your use of this Web site and to block or prevent future access to and use of this Web site. When these Terms of Use terminate or otherwise end, all of the legal rights, obligations and liabilities of you and WatchDoIt.com, or which continue in effect in accordance with this Terms of Use, shall remain in full force and effect, and the provisions Paragraph 20 herein shall continue to apply to such rights, obligations and liabilities.
21. QUESTIONS AND CONTACT INFORMATION
General questions or comments about WatchDoIt.com’s Web site may be directed to WatchDoIt.com’s Customer Service at support@watchdoit.com .